RELIANCE GENERAL INSURANCE CO. LTD. Vs. P. THIPPESWAMY

JUDGEMENT

(1.) This appeal under Section 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act' for short) has been filed by the Insurance Company against the judgment dated 07.12.2018 passed by the Motor Accident Claims Tribunal (hereinafter referred to as 'the Tribunal' for short).

(2.) Facts leading to the filing of the appeal briefly stated are that on 20.12.2013, the claimant R Thippeswamy was riding a motorcycle bearing Registration No.KA-41-S-1723 on Dubasipalya road. At that time, a bus bearing Registration No.KA-41-A-7881 (hereinafter referred to as the offending vehicle for the sake of brevity), which was being driven by its driver in a rash and negligent manner, dashed against the motor cycle which the claimant was riding. As a result of the aforesaid accident, the claimant sustained injuries and was given first aid at Shreya Hospital and thereafter shifted to BGS Hospital, Bangalore for further treatment where he remained an inpatient from 20.12.2015 to 25.12.2014.

(3.) The claimant filed a petition under Section 166 of the Act on the ground that he was aged about 29 years at the time of accident and was working as a driver at Bengaluru Metropolitan Transport Corporation (hereinafter referred to as BMTC for the sake of brevity), Bangalore and was earning Rs.22,000/- per month. It was further pleaded that the accident took place on account of rash and negligent driving of the offending vehicle, by its driver. However, on account of the injuries sustained in the accident, he is in unable to work as before and has been deprived of his future earnings and amenities in life. Accordingly, the compensation to the tune of Rs.50,00,000/- was claimed along with interest.